RFO Premises shall be defined as any area on the third (3 rd ) or fourth (4 th ) floor of the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of this Lease. For the purposes of this Section 29.17, an RFO Premises shall be deemed to be “available for lease to Tenant” if, during the Term of this Lease, Landlord, in its reasonable judgment, determines that such area will become available for leasing to Tenant (i.e. when Landlord determines that the then occupant of the RFO Premises will vacate the RFO Premises and that the holder(s) of any superior rights to the RFO Premises will not exercise such rights, and when Landlord intends to offer such area for lease). Tenant acknowledges that the portion of the RFO Premises located on the third floor of the Building (the “Third Floor RFO Premises”) are currently vacant. Notwithstanding anything to the contrary herein contained, Txxxxx’s right of first offer shall not apply to the Third Floor RFO Premises until Landlord has leased all or a portion of the Third Floor RFO Premises to a third party and thereafter the Third Floor RFO Premises or such portion thereof that has been so leased once again become “available for lease”; provided, however, if any portion of the Third Floor RFO Premises is not subject to an executed lease by the first (1 st ) anniversary of the Rent Commencement Date, then the portion of the Third Floor RFO Premises not so leased shall thereafter be deemed “available for lease” if the other conditions thereto are met. In no event shall Landlord offer RFO Premises to Tenant more than two (2) years prior to the date such RFO Premises will be available for occupancy by Tenant.
RFO Premises shall be defined as any area on the third (3rd), fourth (4th), and fifth (5th) floor of the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of the Lease.
RFO Premises shall be defined as any area on the twenty-ninth (29th) floor of the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of the Lease. For the purposes of this Paragraph 6, the RFO Premises shall be deemed to be “available for lease to Tenant” when Landlord, in its sole judgment, determines that such area will become available for leasing to Tenant. (i.e. when Landlord determines that (i) the lease of the tenant of the RFO Premises will terminate and such tenant will vacate such RFO Premises, (ii) the rights of all other tenants of the Building who have pre-existing rights to lease such RFO Premises as of the date of this First Amendment have lapsed unexercised or have been waived, and (iii) Landlord intends to offer such area for lease). In no event shall Tenant have any rights under this Paragraph 6 on or after the date twelve (12) months prior to the Lease Expiration Date (i.e. Landlord shall have no obligation to give Landlord’s Notice, as hereinafter defined, to Tenant on or after the date twelve (12) months prior to the Lease Expiration Date).
Examples of RFO Premises in a sentence
The execution of such lease amendment shall not be deemed to waive any of the conditions to Tenant’s exercise of the herein option to lease the RFO Premises, unless otherwise specifically provided in such lease amendment.
The Expiration Date in respect of the RFO Premises shall be the Expiration Date of the Lease.
The RFO Premises Commencement Date shall be the later of: (x) the RFO Premises Commencement Date as set forth in Landlord’s RFO Notice, or (y) the date that Landlord delivers the RFO Premises to Tenant in the condition set forth in subparagraph (d) below.
Tenant shall have the right, exercisable upon written notice given to Landlord within ten (10) business days after the receipt of Landlord’s RFO Notice, to either: (i) lease the RFO Premises at the Fair Market Rental Value set forth in Landlord’s RFO Notice (“RFO Exercise Notice”), or (ii) lease the RFO Premises but provide Landlord with a counteroffer of Landlord’s designation of Fair Market Rental Value (“Tenant’s Objection Notice”).
Landlord shall give Tenant written notice (“Landlord’s RFO Notice”) at the time that Landlord determines, as aforesaid, that an RFO Premises will become available for lease to Tenant.
More Definitions of RFO Premises
RFO Premises shall be defined as any area in the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of this Lease. For the purposes of this Section 29.17, an RFO Premises shall be deemed to be “available for lease to Tenant” if, during the Term of this Lease, Landlord, in its reasonable judgment, determines that such area will become available for leasing to Tenant (i.e. when Landlord determines that the then occupant of the RFO Premises will vacate the RFO Premises and that the holder(s) of any superior rights to the RFO Premises will not exercise such rights, and when Landlord intends to offer such area for lease).
RFO Premises shall be 9,005 square feet on the fourth (4th) floor of the Office Area, as shown on Exhibit D-2 attached hereto, when such area becomes “available for lease”, as hereinafter defined, prior to the date that is five (5) years prior to the then-scheduled expiration date of the Term (as such expiration date may be extended pursuant to Section 3.2 of this Lease). For the purposes of this Section 2.3, the RFO Premises shall be deemed to be “available for lease” if, during the Term, Landlord, in its sole judgment, determines that such area will become available for leasing, but only after the RFO Premises have been initially leased to an unaffiliated third party.
RFO Premises as defined in Section 30.17(a) of the Lease is hereby amended to exclude any rentable space on the first (1st) floor of the Building but only if Landlord is offering such first (1st) floor space to lease for retail purposes only and not for office purposes. For purposes of the Lease, the only superior rights to which Tenant’s Right of First Offer will be subject pursuant to Section 30.17(a) are the prior rights expressly existing as of the Execution Date and identified on Exhibit C attached hereto.
RFO Premises shall be defined as the area on the first (1st) floor of the Building located adjacent to the Premises and containing approximately 9,631 rentable square feet, as shown as “RFO Premises” on the plan attached hereto as Exhibit B, when such area becomes Available for Lease, as hereinafter defined during the Term of the Lease. For the purposes of this Section 9.25, the RFO Premises shall be deemed to be “Available for Lease” upon the earlier of (i) December 31, 2020, and (ii) the termination of Landlord’s lease with the current tenant of the RFO Premises, Trinet HR Corporation.
RFO Premises shall be all or any separately demised laboratory space in the Building which is contiguous and on the same floor as the Premises, when such area becomes Available for Lease to Tenant, as hereinafter defined.
RFO Premises shall be defined as any separately demised area on the twenty-sixth (26th) floor of the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of the Lease. For the purposes of this Paragraph 8, an RFO Premises shall be deemed to be "available for lease to Tenant" if, during the term of the Lease, Landlord, in its sole judgment, determines that such area will become
RFO Premises shall be defined as: (i) any separately demised portion of the balance (i.e. other than the portion of initially demised to Tenant) of the fourth (4th) floor of the Building ("Fourth Floor RFO Premises"), and (ii) any separately demised portion of the balance of the fifth (5th) floor of the Building ("Fifth Floor RFO Premises"), in each case when such area becomes available for lease to Tenant, as hereinafter defined. Tenant acknowledges and agrees that the Fourth Floor RFO Premises are currently leased to another tenant pursuant to a lease which will expire as of July 24, 2005, and the Fifth Floor RFO Premises are leased to another tenant pursuant to a lease which will expire as of December 24, 2006, subject to such tenant's rights to extend the term of such lease.